How to Transfer Property After Death in Florida: Everything You Need to Know

Transferring property after death in Florida can feel overwhelming when you are grieving. You have a house that needs a new owner, bank accounts that need to be closed, vehicles that need new titles, and investment accounts that need to be claimed. Each type of property has different rules, and making mistakes can create legal and financial headaches.

Here is the good news: once you understand how different assets transfer, the process becomes manageable. Some property moves automatically to beneficiaries without court involvement. Other property requires probate. This guide walks you through exactly how to handle each type of asset.

Quick Reference: What Needs Probate and What Does Not

Before getting into details, here is a quick overview of how different assets typically transfer:

Property That Usually Transfers Without Probate

• Joint accounts with right of survivorship - passes to surviving owner
• Tenancy by the entirety property (married couples) - passes to surviving spouse
• Accounts with beneficiary designations (POD, TOD) - passes to named beneficiaries
• Life insurance with named beneficiaries - passes to beneficiaries
• Retirement accounts (IRA, 401k, 403b) - passes to named beneficiaries
• Property held in a living trust - passes according to trust terms
• Real estate with Lady Bird deed - passes to named remaindermen
• Vehicles with TOD designation - passes to named beneficiaries

Property That Usually Requires Probate

• Real estate titled solely in the deceased's name
• Bank accounts without beneficiary designations
• Vehicles titled only to the deceased
• Investment accounts without TOD designations
• Business interests
• Personal property (furniture, jewelry, collectibles)

The distinction matters because probate takes time and costs money. Assets that transfer outside probate can often be claimed within days or weeks. Probate assets may take months. For more on avoiding probate entirely, see our guide on how to avoid probate in Florida.

Transferring Real Estate After Death

Real estate is usually the most valuable asset in an estate, and the transfer process depends entirely on how the property was titled.

Joint Tenancy with Right of Survivorship

If the deceased owned property as a "joint tenant with right of survivorship" with another person, the surviving joint tenant automatically owns the entire property when the other owner dies.

How to complete the transfer:

1. Obtain certified copies of the death certificate (order from the Florida Department of Health or the county vital records office)
2. Record the death certificate with the Clerk of Court in the county where the property is located
3. Optionally, record an Affidavit of Survivorship to clarify the chain of title
4. Update the property tax records with the county property appraiser
5. Notify the mortgage company if there is an outstanding loan
6. Update homeowner's insurance

Recording fees: Typically $10 for the first page and $8.50 for each additional page, plus any applicable documentary stamp taxes.

Timeline: Can be completed within days of receiving the death certificate.

Tenancy by the Entirety (Married Couples)

Florida recognizes tenancy by the entirety, a special form of joint ownership available only to married couples. Like joint tenancy with survivorship, the surviving spouse automatically owns the entire property when their spouse dies.

The transfer process is identical to joint tenancy: record the death certificate and update records.

This form of ownership also provides strong creditor protection during life. Creditors of only one spouse generally cannot force the sale of tenancy by the entirety property.

Property Held in a Living Trust

If the deceased placed real estate in a revocable living trust, the property transfers according to the trust terms without probate.

How to complete the transfer:

1. The successor trustee takes over management of the trust
2. Obtain certified death certificates
3. Prepare and sign a Trustee's Deed transferring the property to the beneficiaries
4. Record the deed with the county clerk
5. Provide the title company or buyer with trust documentation if selling

Documents needed:

• Death certificate
• Certificate of Trust or full trust document
• Trustee's Deed (prepared by an attorney)
• Acceptance by beneficiaries (in some cases)

Timeline: Can be completed within weeks, depending on how quickly documents are prepared.

Lady Bird Deed Property

A Lady Bird deed (enhanced life estate deed) allows property to transfer automatically at death without probate. The deed names a "remainderman" who receives ownership when the original owner dies.

How to complete the transfer:

1. Obtain certified death certificates
2. Record the death certificate with the county clerk
3. File any required affidavits (varies by county)
4. Update property tax records
5. Transfer homeowner's insurance to the new owner

No additional deed is needed. The remainderman's ownership vested at death under the original Lady Bird deed.

For more details on this option, see our Lady Bird deed guide.

Property Requiring Probate

If real estate was titled solely in the deceased's name with no joint owner, trust, or Lady Bird deed, it must go through probate to transfer.

The probate transfer process:

1. Open probate and get appointed as personal representative
2. Receive Letters of Administration from the court
3. Include the property in the estate inventory
4. Handle creditor claims and estate debts
5. Obtain court authorization to sell (if selling) or distribute
6. Execute a Personal Representative's Deed to transfer title

The personal representative has legal authority to sign deeds on behalf of the estate. Title companies and buyers accept Personal Representative's Deeds when accompanied by Letters of Administration.

Timeline: Minimum 3-4 months for formal administration; summary administration may be faster if the estate qualifies. Learn about Florida probate timelines and the differences between formal and summary administration.

Special Rules for Homestead Property

Florida homestead property - the deceased's primary residence - has special constitutional protections and transfer rules under Florida Statutes Section 732.401.

If the deceased was married:

• The surviving spouse receives a life estate (right to live there for life)
• The deceased's descendants receive the remainder interest
• OR if there are no minor children and all beneficiaries agree, the spouse may take outright ownership

If the deceased was unmarried:

• Homestead passes according to the will or intestate succession
• But the property cannot be devised away from a surviving spouse or minor children

Homestead and creditors:

Homestead property is exempt from most creditor claims. Even if the estate is insolvent, unsecured creditors cannot force the sale of the family home.

For a complete explanation, see our Florida homestead probate guide.

Transferring Bank Accounts After Death

Bank accounts transfer differently depending on how they were set up.

Joint Accounts with Right of Survivorship

If the deceased held a joint account with another person, the surviving account holder owns the entire balance immediately upon death.

How to claim:

1. Visit the bank with a certified death certificate
2. Bring your identification
3. The bank removes the deceased's name from the account
4. You continue using the account normally

Timeline: Same day or within a few days.

Important: Banks may temporarily freeze accounts when they learn of a death. Notify the bank promptly and bring documentation to avoid access delays.

Payable-on-Death (POD) Accounts

Many bank accounts allow owners to name a "payable-on-death" beneficiary. These accounts transfer directly to the named beneficiary without probate.

How to claim:

1. Bring a certified death certificate to the bank
2. Provide your identification
3. Complete the bank's claim form
4. The bank releases funds to you directly

Timeline: Usually within one to two weeks, depending on the bank's procedures.

Note: POD designations override what the will says. If the will leaves money to one person but the POD names someone else, the POD beneficiary receives the account.

Accounts Without Beneficiaries or Joint Owners

Bank accounts held solely in the deceased's name with no POD beneficiary require probate.

How to claim:

1. Open probate and receive Letters of Administration
2. Present Letters and death certificate to the bank
3. The bank releases funds to the estate account
4. Distribute funds to beneficiaries after paying debts and expenses

Accessing funds before probate:

Some banks allow limited access for funeral expenses before probate is opened. Ask about the bank's policy. Florida Statutes Section 733.6065 allows institutions to pay up to $6,000 for funeral expenses directly to the funeral home.

Safe Deposit Boxes

Florida law has specific procedures for accessing a deceased person's safe deposit box:

Before probate: A bank may allow certain people to access the box to search for a will, burial instructions, or insurance policies. This requires a court order or meeting specific statutory requirements under Florida Statutes Section 655.935.

During probate: The personal representative can access the box with Letters of Administration. The bank typically requires inventorying the contents.

Transferring Vehicles After Death

Vehicle transfers in Florida go through the Department of Highway Safety and Motor Vehicles (FLHSMV).

Vehicles Titled with "OR" Between Owners

If the title reads "John Smith OR Jane Smith," either owner can transfer the vehicle without the other's signature. When one owner dies, the survivor can transfer the title to themselves.

How to transfer:

1. Bring the original title to a DMV office
2. Provide a certified death certificate
3. Complete Application for Certificate of Title (Form HSMV 82040)
4. Pay the title transfer fee

Timeline: Same day at the DMV office.

Vehicles Titled with "AND" Between Owners

If the title reads "John Smith AND Jane Smith," both owners must sign to transfer. When one owner dies, the transfer may require probate depending on circumstances.

Check with the DMV or a probate attorney about your specific situation.

Vehicles with Transfer-on-Death (TOD) Designation

Florida allows TOD designations on vehicle titles. The named beneficiary can claim the vehicle without probate.

How to claim:

1. Bring the original title to a DMV office
2. Provide a certified death certificate
3. Provide your identification
4. Complete the title transfer application
5. Pay applicable fees

Timeline: Same day at the DMV office.

Vehicles Titled Solely to the Deceased

If the vehicle was titled only in the deceased's name with no joint owner or TOD beneficiary, it requires probate.

How to transfer through probate:

1. Include the vehicle in the estate inventory
2. The personal representative can sell or transfer the vehicle
3. Bring to the DMV:
   • Original title (if available)
   • Certified Letters of Administration
   • Certified death certificate
   • Application for certificate of title
   • Title transfer fee

If the title is lost: File for a duplicate title through the estate.

Exempt Vehicle Transfer

Two motor vehicles are exempt property in Florida under Florida Statutes Section 732.402. If the deceased is survived by a spouse or children, exempt vehicles pass to them free of creditor claims, even outside probate.

This means the surviving spouse or children may be able to claim vehicles with less formal process. Check with the DMV about requirements.

Transferring Retirement Accounts

Retirement accounts (IRAs, 401(k)s, 403(b)s, pensions) almost always pass by beneficiary designation, not through probate.

How Beneficiary Designations Work

When you open a retirement account, you name primary and contingent beneficiaries. These designations control who receives the account at death, regardless of what your will says.

Example: John's will leaves everything to his children. But John named his ex-wife as beneficiary on his 401(k) twenty years ago and never updated it. His ex-wife receives the 401(k).

This is why keeping beneficiary designations updated is so important.

How to Claim Inherited Retirement Accounts

Step 1: Contact the plan administrator or financial institution

• For employer plans (401(k), 403(b)): contact the HR department or plan administrator
• For IRAs: contact the financial institution holding the account

Step 2: Request a beneficiary claim form

Each institution has its own form and process.

Step 3: Submit required documents

• Certified death certificate
• Your identification
• Your Social Security number
• Completed claim form

Step 4: Choose a distribution option

Options vary based on your relationship to the deceased and the type of account. Common options include:

• Lump sum distribution
• Transfer to an inherited IRA
• Roll over to your own IRA (spouse beneficiaries only)
• Distribute over your life expectancy (for certain beneficiaries)

Step 5: Understand tax implications

Inherited retirement accounts have complex tax rules under the SECURE Act. Consult a tax professional before taking distributions.

Timeline: Usually two to six weeks once all paperwork is submitted.

Transferring Life Insurance

Life insurance proceeds pass directly to named beneficiaries, bypassing probate entirely.

How to Claim Life Insurance

Step 1: Locate the policy

Check the deceased's files, safe deposit box, mail, and email for policy documents. You can also contact the Florida Department of Financial Services to search their life insurance policy locator.

Step 2: Contact the insurance company

Call the claims department. Have the policy number ready if you have it.

Step 3: Request a claim form

The insurance company will send a claimant's statement or claim form.

Step 4: Submit required documents

• Completed claim form
• Certified death certificate
• Your identification
• Tax forms (W-9 or equivalent)

Step 5: Choose a payment option

Options may include:

• Lump sum payment
• Installment payments
• Interest-bearing account
• Annuity

Timeline: Insurance companies typically pay claims within 30 to 60 days of receiving complete documentation.

Tax Treatment

Life insurance proceeds paid to named beneficiaries are generally not subject to income tax. However, if the estate is named as beneficiary, the proceeds become part of the probate estate and may be subject to estate taxes if the estate is large enough.

Transferring Investment Accounts

Brokerage accounts, stocks, bonds, and mutual funds transfer based on how the account was registered.

Joint Accounts

Investment accounts held jointly with right of survivorship pass to the surviving owner automatically.

How to claim:

1. Contact the brokerage firm
2. Provide a certified death certificate
3. Complete the firm's transfer request
4. The account continues in the surviving owner's name

Transfer-on-Death (TOD) Accounts

Most brokerage firms allow TOD beneficiary designations. Named beneficiaries claim the account directly.

How to claim:

1. Contact the brokerage firm
2. Provide death certificate and identification
3. Complete the firm's beneficiary claim form
4. Assets transfer to your account or a new account

Accounts Without Beneficiaries

Investment accounts in the deceased's name alone require probate.

How to transfer:

1. The personal representative contacts the brokerage with Letters of Administration
2. The firm releases assets to the estate account or transfers registration to the estate
3. After probate, the personal representative distributes according to the will or intestate law

Physical Stock Certificates

If the deceased owned paper stock certificates, the transfer process is more complex:

1. Locate the certificates
2. Contact the company's transfer agent
3. Complete required forms
4. Submit certificates with a medallion signature guarantee
5. New certificates or account registration issued in beneficiary's name

Lost certificates require additional steps and may need surety bonds.

Transferring Personal Property

Personal property includes furniture, clothing, jewelry, art, collectibles, and other tangible items.

Low-Value Items

For everyday household items, families typically divide by agreement without formal process. The personal representative can distribute these items without court approval in most cases.

Best practices:

• Communicate openly with all beneficiaries
• Document the distribution with a simple list
• Have beneficiaries sign receipts
• Address any specific bequests in the will first

Valuable Items

High-value personal property (jewelry, art, antiques, collectibles) requires more careful handling:

Step 1: Inventory everything

Create a detailed list with descriptions and photographs.

Step 2: Secure the property

Keep valuable items in a safe location until distribution.

Step 3: Get appraisals

Have significant items appraised for estate inventory and tax purposes.

Step 4: Follow the will

If the will makes specific bequests ("my diamond ring to my daughter"), honor those first.

Step 5: Distribute the residue

Remaining items go to residuary beneficiaries. If multiple beneficiaries, consider:

• Taking turns selecting items
• Appraising items and adjusting cash distributions
• Selling and dividing proceeds

Step 6: Document everything

Have each beneficiary sign a receipt listing what they received.

Documents You Will Need

Gather these documents to transfer property efficiently:

Essential Documents

Death certificates: Order 10 to 15 certified copies from Florida's Bureau of Vital Statistics or the county health department. Many institutions require original certified copies, not photocopies.

Letters of Administration: Issued by the probate court after you are appointed personal representative. Need multiple certified copies.

Will: The original, if it exists. File with the court within 10 days of learning of the death.

Trust documents: If assets are held in trust, you need the trust agreement and possibly a Certificate of Trust.

Supporting Documents

• Identification for all parties
• Social Security numbers
• Account statements
• Deeds and titles
• Vehicle registrations
• Insurance policies
• Tax returns

What If There Is No Will?

If someone dies without a will (intestate), their property still transfers - just according to Florida's intestate succession laws instead of their wishes.

Florida Intestate Succession

Florida Statutes Section 732.102 and 732.103 set the inheritance order:

Intestate estates still go through probate. The court appoints an administrator (similar to a personal representative) who distributes assets according to these rules.

For a complete explanation, see our guide on Florida intestate succession.

Tax Considerations When Transferring Property

Florida Has No State Estate or Inheritance Tax

Florida is one of the most tax-friendly states for inheritance. There is no state estate tax and no inheritance tax. Beneficiaries do not pay Florida tax on what they inherit.

Federal Estate Tax

The federal estate tax only applies to very large estates. In 2024, estates under $13.61 million per person are exempt. Married couples can effectively exempt over $27 million using portability.

Capital Gains Tax

When you inherit property, you receive a "stepped-up" tax basis equal to the property's fair market value at the date of death. This can save significant capital gains tax.

Example: The deceased bought stock for $10,000. It is worth $100,000 at death. If they had sold it while alive, they would owe tax on $90,000 in gain. But the heir's basis is $100,000. If they sell immediately, they owe no capital gains tax.

Income Tax on Inherited Retirement Accounts

Inherited traditional IRAs and 401(k)s are subject to income tax when distributed. The SECURE Act changed the rules for most non-spouse beneficiaries, requiring full distribution within 10 years of death. Consult a tax professional before taking distributions.

Common Mistakes to Avoid

Mistake 1: Not Checking How Property Was Titled

The title determines everything. Before assuming you need probate, verify exactly how each asset was owned. You may find joint ownership, beneficiary designations, or trust ownership that allows direct transfer.

Mistake 2: Distributing Property Before Paying Debts

If probate is required, creditors must be paid before beneficiaries. Distributing assets early can leave you personally liable if there are not enough funds to pay valid debts. Learn more about creditor claims in Florida probate.

Mistake 3: Ignoring Small Accounts

Even small accounts can create title problems if not properly transferred. A forgotten $500 bank account can hold up a real estate sale years later.

Mistake 4: Not Keeping Records

Document every transfer with receipts, signed acknowledgments, and file copies. Good records prevent disputes and protect you if questions arise later.

Mistake 5: Assuming the Will Controls Everything

Beneficiary designations on accounts and joint ownership trump what the will says. The will only controls probate assets.

When to Get Professional Help

Consider hiring a probate attorney if:

• The estate includes real estate that needs to go through probate
• There is no will and the estate has significant assets
• Family members disagree about distributions
• The estate has substantial debts
• Homestead property is involved
• You are unsure whether probate is required
• Complex tax issues exist

See our guide on whether you need a probate attorney.

Frequently Asked Questions

How long do you have to transfer property after death in Florida?

There is no strict deadline for most transfers, but acting promptly is wise. Real estate should be transferred to establish clear title. Banks may freeze accounts, creating access problems. If you wait more than two years, creditor rules change under Florida Statutes Section 733.710.

Do beneficiaries pay taxes on inherited property in Florida?

Florida has no inheritance or estate tax. Beneficiaries generally do not pay income tax on inherited property. However, inherited retirement accounts are taxed when distributed, and you may owe capital gains tax if you sell appreciated property for more than its stepped-up basis.

Can you transfer property without probate in Florida?

Yes, for certain assets: joint property with survivorship rights, accounts with beneficiary designations, trust property, and Lady Bird deed real estate all transfer without probate. Only assets titled solely in the deceased's name with no beneficiary designation require probate.

Who inherits property in Florida if there is no will?

Florida's intestate succession laws apply. Generally, the surviving spouse and children inherit first. If no spouse or children, parents inherit, then siblings, then more distant relatives.

How do I transfer a house after death in Florida?

It depends on how the house was titled. Joint ownership with survivorship passes automatically by recording the death certificate. Trust property transfers by trustee's deed. Lady Bird deed property passes by recording the death certificate. Property titled solely to the deceased requires probate.

Next Steps

Transferring property after death takes time and attention to detail. Here is what to do next:

1. Determine how each asset was titled - check deeds, account statements, and beneficiary records
2. Order death certificates - get at least 10 to 15 certified copies
3. Gather documents - locate the will, trust, deeds, titles, and account information
4. Start with non-probate assets - claim accounts with beneficiary designations first
5. Open probate if needed - for assets requiring court involvement

Need help understanding the probate process? See our guide on the Florida probate process or use our probate assessment tool to determine what steps apply to your situation.

Find county-specific probate information at our Florida probate directory.

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Sources:

• Florida Statutes Section 732.102-732.103 (Intestate Succession)
• Florida Statutes Section 732.401 (Descent of Homestead)
• Florida Statutes Section 732.402 (Exempt Property)
• Florida Statutes Section 655.935 (Access to Safe Deposit Box)
• Florida Statutes Section 733.710 (Limitations on Claims Against Estates)
• Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)

This guide provides general information about transferring property after death in Florida. Every estate is different. Consult a Florida probate attorney for your specific circumstances.

Last updated: January 2026